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Solicitation of sponsorships
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Posted on Apr 18 2008
[B]Q: What will happen to an alien worker who, in order to remain in the CNMI, pays the Department of Labor an application fee or a renewal fee that should be shouldered by an employer?
A:[/B] An alien worker who intentionally and knowingly violates CNMI law by paying an application fee or a renewal fee that should be paid by an employer solely in order to remain in the Commonwealth, under circumstances in which the employer provides no viable wage-paying job for the worker, may be deported.
According to the new Alien Labor Rules and Regulations, deportation, however, should be done if under all the circumstances of the case, such deportation is the appropriate remedy.
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[B]Q: What will happen to an alien worker who pays Labor an application fee or a renewal fee in connection with his or her existing, viable, wage-paying job?A:[/B] The worker may not be deported. The new Alien Labor Rules and Regulations state that if the employer provides a viable job for which the worker has been employed, they have not participated in an illegal sponsorship arrangement involving sham employment.
Guest worker who pays an application fee or renewal fee under these circumstances may have a claim against the employer whose responsibility it is to pay the fee. The worker may be awarded damages if, under all the circumstances of the case, such damages are the appropriate remedy.
Similarly, a foreign national worker who pays an application fee or renewal fee without knowledge or intent to participate in an illegal sponsorship arrangement may not be deported on account of the violation of these sections. The Regulations state that a hearing officer may take account of the information about illegal sponsorships at an orientation session.
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[B]Q: What will happen to the employer who engages in an illegal sponsorship scheme?A:[/B] An employer who engages in an illegal sponsorship by filing an application for an approved employment contract without the intent or present ability to provide a viable, wage-paying job for a foreign national worker may be barred from further employment of alien workers if, under all the circumstances of the case, debarment is the appropriate remedy.
According to the Regulations, an employer who requires or permits an alien worker to pay an application fee or renewal fee in connection with an existing, viable, wage-paying job may be fined up to $2,000 and ordered to pay the amount of the fees to the worker in addition to any other remedies if, under all the circumstances of the case, these are the appropriate remedies.
[I]Disclaimer: Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. Submit questions on labor issues to Saipan Tribune via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]
